State v. Michael’s Empirical Analysis
1982
Citation profile
24 state decisions
How this case has been cited
Cited by 24 later decisions — most recently September 2000
24 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Stiller v. State · State v. Grear · Moten v. State
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In making the point that some deterrence is present in every case we did not intend to say that the factor of deterrence has exactly the same weight in every case. An element of deterrence is present in every case but the degree of significance of this factor in restraining the offender or curbing the propensity for criminal activity in others varies widely with the class of offense and the facts of each case.””
2 later decisions quote this exact passagee.g. State v. Herron · State v. Hooper““In making the point [in Moten v. State, Tenn., 559 S.W.2d 770, 773 (1977)] that some deterrence is present in every case we did not intend to say that the factor of deterrence has exactly the same weight in every case. An element of deterrence is present in every case but the degree of significance of this factor in restraining the offender or curbing the propensity for criminal activity in others varies widely with the class of offense and the facts of each case. * * * * * * “... clearly, a trial judge has discretion to find that the deterrent effect justifies denial of probation, and just as clearly has discretion to find that the deterrence factor does not warrant a denial of probation. In short, the case law and the legislative declaration envision an examination of the deterrence factor in the context of each case and assigning it such weight, credit and value as the circumstances warrant.” 629 S.W.2d at 14, 15 .”
1 later decision quote this exact passagee.g. State v. Hammersley“Reliance upon this factor would defeat the whole concept of [an alternative sentence] .... [Deterrence is a factor which is uniformly present. Thus, even if all factors gravitate in defendant’s favor in a given case, [an alternative sentence] would be defeated by the fact that to suspend the sentence would destroy the conviction’s deterrent value. Reliance on this factor is no more realistic or reasonable than denying probation on grounds that the defendant committed a crime.”
1 later decision quote this exact passagee.g. State v. Ashby
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.